Many people believe they understand what wills are and why they should have one. It’s a simple document, right? You write down who gets what, sign it, and that’s that. Unfortunately, common misconceptions about wills can lead to significant problems, especially when navigating Michigan’s specific probate laws.
At Law Office of Julie A. Paquette, we’ve seen firsthand how these misunderstandings can complicate estate planning and create unnecessary stress for families. Our experience in Michigan estate planning allows us to guide you through the complexities, ensuring your wishes are honored and your assets are protected.
Myth 1: “A Will Avoids Probate”
This is perhaps the most widespread misconception. A will does not avoid probate. In fact, a will is the very document that initiates the probate process. Probate is the legal process of validating a will and distributing your assets under court supervision. While a will dictates your wishes, it doesn’t bypass the court system.
Some important things to remember about the probate process:
- Probate can be time-consuming and costly, especially in Michigan.
- It involves court fees, attorney fees, and potential delays.
- Your estate becomes public record during probate.
Understanding the difference between a will and a trust is crucial. A trust, unlike a will, can indeed help avoid probate. An experienced estate planning attorney can explain these distinctions and help you determine the best approach for your situation.
Myth 2: “A Handwritten Will Is Fine”
While Michigan recognizes holographic (handwritten) wills under certain circumstances, they are often problematic. These wills must meet specific requirements to be valid, and they are more likely to be contested.
- Handwritten wills must be entirely in the testator’s handwriting.
- They must be signed by the testator.
- There must be clear evidence of the testator’s intent.
- In Michigan, witnesses are typically required for a valid will.
Any ambiguities or omissions in a handwritten will can lead to disputes among beneficiaries. Relying on a professionally drafted will ensures clarity and minimizes the risk of challenges. Seeking the help of an attorney familiar with Michigan probate laws can help avoid issues that arise from handwritten wills.
Myth 3: “Online Will Services Are Sufficient”
While online will services may seem convenient, they often lack the personalized guidance and legal expertise necessary to address your specific circumstances. Michigan’s estate planning laws can be complex, and a generic template may not adequately protect your interests.
- Online or DIY will services may not account for state-specific laws.
- They may lack clarity or contain ambiguous language.
- They don’t provide legal advice or personalized recommendations.
Investing in legal advice ensures your will is tailored to your needs and complies with Michigan law.
Myth 4: “I Don’t Need A Will If I Don’t Have Many Assets”
Many people think that they don’t need a will if they aren’t wealthy. Even if you have limited assets, a will is a helpful document to have. It allows you to designate guardians for minor children, specify who receives sentimental items, and simplify the estate administration process.
- A will provides clear instructions, regardless of the size of your estate.
- It can prevent family disputes over personal belongings.
- Guardianship of minor children is a crucial aspect of a will.
Every adult should have a will, regardless of their financial situation. An estate planning attorney can help you create a will that addresses your specific needs and concerns.
Contact Us For Will Services in Michigan
Don’t let misconceptions about wills jeopardize your estate plan. Understanding the realities of wills and probate, especially in Michigan, is crucial for protecting your assets and ensuring your wishes are honored. Law Office of Julie A. Paquette is here to help you navigate these complexities and create a comprehensive estate plan that provides peace of mind for you and your loved ones. Contact us today!
